FRONT MATTER.PMD - International Seabed Authority

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UNFSA: arts. 16-17
Article 16
Areas of high seas surrounded entirely by an area under
the national jurisdiction of a single State
1. States fishing for straddling fish stocks and highly migratory fish stocks
in an area of the high seas surrounded entirely by an area under the national jurisdiction
of a single State and the latter State shall co-operate to establish conservation
and management measures in respect of those stocks in the high seas area. Having
regard to the natural characteristics of the area, States shall pay special attention
to the establishment of compatible conservation and management measures for
such stocks pursuant to article 7. Measures taken in respect of the high seas shall
take into account the rights, duties and interests of the coastal State under the
Convention, shall be based on the best scientific evidence available and shall also
take into account any conservation and management measures adopted and applied
in respect of the same stocks in accordance with article 61 of the Convention
by the coastal State in the area under national jurisdiction. States shall also agree
on measures for monitoring, control, surveillance and enforcement to ensure
compliance with the conservation and management measures in respect of the
high seas.
2. Pursuant to article 8, States shall act in good faith and make every effort
to agree without delay on conservation and management measures to be applied
in the carrying out of fishing operations in the area referred to in paragraph 1. If,
within a reasonable period of time, the fishing States concerned and the coastal
State are unable to agree on such measures, they shall, having regard to paragraph
1, apply article 7, paragraphs 4, 5 and 6, relating to provisional arrangements or
measures. Pending the establishment of such provisional arrangements or measures,
the States concerned shall take measures in respect of vessels flying their
flag in order that they not engage in fisheries which could undermine the stocks
concerned.
PART IV
NON-MEMBERS AND NON-PARTICIPANTS
Article 17
Non-members of organizations and non-participants
in arrangements
1. A State which is not a member of a subregional or regional fisheries
management organization or is not a participant in a subregional or regional fisheries
management arrangement, and which does not otherwise agree to apply the
conservation and management measures established by such organization or arrangement,
is not discharged from the obligation to co-operate, in accordance
with the Convention and this Agreement, in the conservation and management of
the relevant straddling fish stocks and highly migratory fish stocks.